- Preliminary note — language
- Art. 1
- Art. 2
- Art. 3
- Art. 4
- Art. 5
- Art. 6
- Art. 7
- Art. 8
- Art. 9
- Art. 10
- Art. 11
- Art. 12
- Art. 13
- Art. 14
- Art. 15
- Art. 16
- Art. 17
- Art. 18
- Art. 19
Preliminary note — language
These terms are an English translation of the French general terms of sale (conditions générales de vente) published at tatukvideo.com/cgv. They are provided for convenience. In the event of any discrepancy or dispute over interpretation, the French version prevails.
Article 1 — Purpose and scope
1.1. These general terms of sale (the "Terms") govern the creation of animated videos sold under the Tatuk brand by OLIVIER JOUSSELIN, a French limited liability company (société à responsabilité limitée) with a share capital of €1,000, whose registered office is at 23 avenue Jules Ferry, 13100 Aix-en-Provence, France, registered with the Aix-en-Provence Trade and Companies Register under number 984 624 809, EU VAT number FR78984624809, reachable at bonjour@tatukvideo.com (the "Provider").
1.2. The services are reserved for professionals acting for the purposes of their business (the "Client"). By placing an order, the Client declares that it is acting as a professional. The provisions of the French Consumer Code, including the right of withdrawal, do not apply.
1.3. The Client accepts the Terms by ticking the box provided for this purpose before paying the deposit. They prevail over any document of the Client, including its general terms of purchase. The applicable version is the one in force on the date of the order.
Article 2 — Definitions
- Brief: the online form completed by the Client, with the files and links it provides.
- Complete Brief: a Brief in which all mandatory fields are completed, together with the Client's logo in high definition (vector, or PNG at least 1,000 px wide) and any mandatory wording.
- Script: the voice-over text and the scene-by-scene breakdown with the visual intentions.
- First version (V1): the complete video, with voice-over and music, sent as a watermarked viewing link.
- Round of changes: a single, consolidated list of change requests, sent in one go on a given version.
- Final version: the version obtained after the last Round of changes or the Client's approval.
- Working day: Monday to Friday, excluding public holidays in mainland France.
- Start date: the later of the following two dates: receipt of the deposit, receipt of the Complete Brief.
Article 3 — Offers and prices
3.1. Single formats. The stated length is a maximum length, with a 10% tolerance.
| Format | Maximum length | Price excl. VAT | V1 lead time after Script approval |
|---|---|---|---|
| 60-second spot | 1 min | €1,290 | 7 working days |
| 90-second spot | 1 min 30 | €1,499 | 7 working days |
| 3-minute film | 3 min | €2,690 | 9 working days |
Custom. A video of another length, longer than 3 minutes or meeting a specific need is subject to a quote. The Client requests it from the website; the Provider sends a quote specifying the price, content and lead times. A custom order is governed by these Terms, unless otherwise stated in the quote.
3.2. Each format includes: writing the Script from the Brief; a French or English voice-over chosen from a selection offered by the Provider; music under a commercial licence; a visual identity built on the Client's logo and colours; burned-in subtitles in one language; a 16:9 aspect ratio; two Rounds of changes on the video; delivery of a 1080p MP4 file without watermark.
3.3. Packs. Each video in a pack follows the rules of a single format.
| Pack | Content | Price excl. VAT |
|---|---|---|
| Duo | 2 × 60-second spots, shared visual identity; the 2nd spot's V1 is delivered 5 working days after the Final version of the 1st | €2,290 |
| Trio | 3 × 60-second spots, shared visual identity, one spot every 2 weeks | €3,290 |
| Series | 4 × 60-second spots, one spot every 3 weeks, over 3 months maximum | €4,190 |
3.4. Options, added to the balance.
| Option | Price excl. VAT |
|---|---|
| Version in another language (voice and subtitles) | €350 |
| Additional Round of changes | €190 |
| Express: V1 within 4 working days after Script approval (60 and 90-second spots, Duo pack) | +30% of the format price |
3.5. Prices are fixed for the scope described, in euros excluding VAT; VAT is added at the applicable rate. The following are excluded and subject to a separate quote: videos longer than 3 minutes, filming and live-action footage, actors, the voice or image of an identifiable real person, commercially released music by an artist, 4K resolution, source files and editing projects, certified translations, media buying and distribution.
Article 4 — Order
4.1. The Client chooses its format and options on the website, completes the Brief, accepts the Terms, then pays the deposit. For a custom video, the Client accepts the quote then pays the deposit. The contract is formed upon receipt of the deposit. The Provider then sends an email confirmation stating the scheduled delivery date of the Script.
4.2. The Provider may refuse an order within 2 working days of payment, in particular if the project falls outside the scope of article 3 or if its content falls under article 4.3. The deposit is then refunded in full within 10 working days.
4.3. The Provider does not produce content that is unlawful, defamatory, discriminatory, misleading or infringes the rights of a third party, nor regulated advertising (health, financial products, alcohol, gambling, political propaganda) without the necessary supporting documents provided by the Client.
Article 5 — Brief and Client obligations
5.1. If the Brief is incomplete, the Provider informs the Client within 2 working days, specifying the missing items. The Start date is postponed until they are received.
5.2. The Client is solely responsible for the accuracy of the information, figures, claims and wording it provides. The Provider does not check their truthfulness or their compliance with the regulations applicable to the Client's business.
5.3. The Client appoints a single contact person authorised to approve. Approvals and Rounds of changes are made in writing (email or a tool indicated by the Provider).
5.4. The Client undertakes to respond to the Provider's requests within 5 working days.
Article 6 — Production process
6.1. Script. The Provider delivers the Script no later than 2 working days after the Start date. The Client may correct it freely, in up to two sets of corrections.
6.2. Script approval. The Client approves the Script in writing. If there is no response 5 working days after it is sent, then 3 working days after a written reminder, the Script is deemed approved.
6.3. Once approved, the Script is locked: text, structure, length and format. Any later change counts as a Round of changes or, if substantial, is subject to a quote.
6.4. Rounds of changes. Two Rounds of changes are included on the video. The Client sends each Round of changes within 10 working days of receiving the version concerned. The Provider delivers the corrected version within 3 working days.
6.5. A Round of changes covers adjustments: on-screen text, colours, pace, choice of voice or music from the selection offered, one-off corrections. The following are not adjustments and are subject to a quote: a change to the approved Script, the concept, the chosen visual style, the length or the format.
6.6. Correcting an error attributable to the Provider (spelling mistake, deviation from the approved Script or the Brief) does not count as a Round of changes.
6.7. Graphic creation involves a degree of interpretation. The video's conformity is assessed against the Brief and the approved Script. An aesthetic preference expressed after approval does not constitute non-conformity.
Article 7 — Lead times
7.1. All lead times are expressed in working days and run from the Start date or the event indicated.
7.2. Standard schedule: Script on D+2; V1 within the lead time in article 3.1 after Script approval; each corrected version 3 working days after receipt of the Round of changes.
7.3. Suspension. Lead times are suspended, day for day, while waiting for an approval, a Round of changes, a file or information from the Client, and during any case of force majeure (article 18).
7.4. For packs, each video has its own lead time. The schedule of the Trio and Series packs is set at the time of order; a postponement requested by the Client does not extend the 3-month period beyond which videos not yet started remain due (article 15.2).
Article 8 — Delivery guarantee and refund
8.1. If V1 is not delivered by the 15th working day following the Start date, after deducting the suspension days provided for in article 7.3, the Client may request in writing a full refund of the deposit paid.
8.2. The Provider refunds the deposit within 10 working days, using the payment method used. The order is then automatically terminated; the Client acquires no rights to the items already delivered.
8.3. This refund is the only compensation due for a delay. It excludes any other damages.
8.4. The guarantee does not apply where the delay is caused by the Client (incomplete Brief, missing files, lack of response, request to change the approved Script), by a case of force majeure, or where the Client has accepted a new lead time in writing.
8.5. For a pack, the guarantee applies video by video: the refund covers the share of the deposit corresponding to the undelivered video, pro rata to its price within the pack.
8.6. If the Provider finds that it will not be able to meet the lead time, it may itself cancel the order and refund the deposit under the same conditions.
Article 9 — Payment
9.1. Deposit. A deposit equal to 40% of the price excluding VAT of the chosen format is paid when ordering, online, by bank card or SEPA direct debit through the payment provider Stripe: €516 excl. VAT for a 60-second spot, €599.60 excl. VAT for a 90-second spot, €1,076 excl. VAT for a 3-minute film, €916 excl. VAT for the Duo pack, €1,316 excl. VAT for the Trio pack and €1,676 excl. VAT for the Series pack, plus VAT. For a custom video, the deposit is 40% of the price excluding VAT of the accepted quote. The deposit is retained by the Provider, except in the cases of articles 4.2, 8 and 18.
9.2. Balance. The balance, equal to the price of the format less the deposit, plus the options and any additional Rounds of changes, is invoiced on delivery of the Final version and payable on receipt of the invoice. The files without watermark are delivered after receipt of the balance.
9.3. Packs. The 40% deposit is calculated on the total price of the pack and paid once when ordering. The balance is split into equal parts, one per spot (two for the Duo, three for the Trio, four for the Series), each due on delivery of the Final version of the spot concerned.
9.4. Late payment. Any amount unpaid on the due date automatically gives rise, without formal notice, to: late payment penalties at three times the French statutory interest rate; the fixed compensation of €40 for recovery costs provided for in article L. 441-10 of the French Commercial Code; the suspension of services in progress.
9.5. Until the price is paid in full, the Client acquires no right to use the video. Any distribution of an unpaid or watermarked version constitutes infringement.
Article 10 — Delivery and acceptance
10.1. The Final version is delivered via a download link valid for 30 days: MP4 file (H.264) in 1080p, in the chosen aspect ratio, with burned-in subtitles.
10.2. The Client has 5 working days after delivery of the Final version to report in writing any deviation from the approved Script or the accepted Rounds of changes. Failing this, the Final version is deemed accepted without reservation.
10.3. If the Client does not respond to a version (V1 or corrected version) within 15 working days of its delivery, despite a written reminder, that version becomes the Final version and the balance becomes due.
10.4. Source files, editing projects and intermediate items are not delivered. The Provider keeps the Final version for 3 months after delivery; it has no archiving obligation beyond that.
Article 11 — Intellectual property and rights of use
11.1. Subject to payment of the full price, the Provider assigns to the Client, on an exclusive basis, all the rights it holds in the Final version, and guarantees the Client the right to exploit it. This assignment includes the rights of reproduction, performance, distribution and adaptation (cuts, subtitling, reframing), on all media and by all means (internet, social networks, screens, trade fairs, emailing, presentations), worldwide and for the legal duration of the rights, for the purposes of the Client's business communication.
11.2. Items supplied by third parties under licence (music, voices, fonts, icons, stock items) remain the property of their holders. The Client receives a right of use limited to the video; it may not extract them to reuse them separately.
11.3. Methods, templates, animation techniques, styles and generic graphic items not specific to the Client remain the property of the Provider, which may reuse them. The Client has no exclusivity over a visual style.
11.4. The Client grants the Provider, for the duration of the service only, the right to use its trademarks, logos and content to produce the video.
Article 12 — Means of production
12.1. The Provider freely chooses its methods, tools and any subcontractors: animation and editing software, licensed stock libraries, automated generation and synthesis tools for images, animation and voice.
12.2. The video is produced specifically for the Client. Some isolated graphic or sound items may nevertheless resemble items produced for third parties; the Provider does not guarantee the uniqueness of each item taken in isolation.
12.3. Voice-overs are synthetic or stock voices under a commercial licence. The Provider never reproduces the voice, face or appearance of an identifiable real person without that person's written authorisation, provided by the Client.
12.4. The Parties cooperate to comply with the transparency obligations applicable to content produced with automated tools. The Provider informs the Client of any video that would require a specific notice when distributed.
Article 13 — Client warranties
13.1. The Client warrants that it holds all rights and authorisations over the items it provides: logos, trademarks, texts, images, screenshots, names and images of persons, music, data.
13.2. It warrants that the messages, figures and claims it includes in the video are accurate, substantiated and compliant with the regulations applicable to its advertising.
13.3. The Client indemnifies the Provider against any claim or action by a third party based on these items or messages, and bears the resulting judgments, compensation and defence costs.
Article 14 — Liability
14.1. The Provider is bound by an obligation of means (best efforts), except for the lead-time guarantee in article 8.
14.2. The Provider is not liable for: indirect damage (loss of turnover, customers, reputation or opportunity); the commercial or audience results of the video; content supplied or approved by the Client; the use the Client makes of the video; a platform's refusal to distribute the video under its own rules.
14.3. In the event of a platform claim concerning the music (for example an automatic rights notice), the Provider gives the Client proof of licence and, if necessary, replaces the music free of charge.
14.4. For all causes combined, the Provider's liability is limited to the amount actually paid by the Client for the order concerned.
14.5. Any action against the Provider must be brought within one year of delivery of the Final version or of the event giving rise to the claim.
Article 15 — Cancellation and termination
15.1. Cancellation by the Client. The Client may cancel its order in writing at any time. The deposit is retained by the Provider. If cancellation occurs after delivery of V1, the Client also owes half of the balance. No rights of use are assigned.
15.2. Abandoned project. If the Client does not respond for 30 working days despite two written reminders, the Provider may close the project: article 15.1 applies as in the case of cancellation. For the Trio and Series packs, spots not started at the end of the 3 months are deemed cancelled, with no refund of the deposit. Reopening a closed project is invoiced at €190 excl. VAT.
15.3. Breach. In the event of a serious breach by either Party, not remedied 15 days after formal notice by registered letter or email with acknowledgement of receipt, the other Party may automatically terminate the order.
Article 16 — References
Once the video has been publicly released by the Client, the Provider may mention the Client's name and logo and show all or part of the video as a reference, on its website and sales materials. The Client may object at any time by simple email.
Article 17 — Confidentiality and personal data
17.1. Each Party keeps confidential the non-public information received from the other during the service and for 2 years after it ends. The Client's documents are used only to produce its video and are deleted 3 months after delivery.
17.2. The Provider processes the personal data of the Client's contacts to manage orders, invoicing and the business relationship, on the basis of the performance of the contract and its legal obligations. They are kept for the duration of the business relationship and then for 3 years, and 10 years for accounting records.
17.3. Data may be processed by the Provider's technical service providers (payment, hosting, calendar and video conferencing, production tools), including outside the European Union with the safeguards provided by the GDPR. Data subjects exercise their rights of access, rectification, erasure and objection by writing to bonjour@tatukvideo.com, and may lodge a complaint with the CNIL (French data protection authority).
17.4. The Client only provides third-party personal data that is strictly necessary for the video, and warrants that it is entitled to do so.
Article 18 — Force majeure
Neither Party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code, including the prolonged unavailability of an essential tool or supplier beyond the Provider's control. Obligations are suspended for its duration. Beyond 30 days, either Party may terminate the order; the deposit is refunded pro rata to the videos not delivered.
Article 19 — Governing law and disputes
19.1. The Terms are governed by French law. Email exchanges and online approvals constitute evidence between the Parties.
19.2. In the event of a dispute, the Parties will seek an amicable solution for 30 days. Failing this, exclusive jurisdiction is given to the commercial court with jurisdiction over the Provider's registered office (Aix-en-Provence), including in the event of multiple defendants or summary proceedings.
19.3. The invalidity of one clause does not affect the others. Failure to rely on a clause does not constitute a waiver.